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Tabled

C-313An Act to amend the Criminal Code (justification for detention in custody)

Private member's bill, introduced in the House of Commons on February 9, 2023

Status
At second reading in the House of Commons since February 9, 2023
Sponsor
Frank CaputoConservative
Member of Parliament

What it does

Creates a stricter bail test for people charged with certain firearms offences committed while under a firearms prohibition order.

What it does

  • Creates a rule that, in certain listed firearms and robbery cases, detention in custody is justified unless the accused shows it is not needed.
  • Requires the accused in those cases to show detention is not needed to make them attend court, protect the public, or maintain confidence in the justice system.
  • Removes the Criminal Code's usual principle of restraint in those exceptional cases, so release is not the primary option there.
  • Updates rules for cancelled release documents and for release orders to use the new detention test, and changes court forms to match.

Who it affects

  • Accused people charged with listed offences
  • People under firearms prohibition orders
  • Judges and justices
  • Peace officers

Background

The Criminal Code now says decision-makers should give primary consideration to release at the earliest reasonable opportunity on the least onerous conditions. The bill creates an exception for certain cases involving listed offences and firearms orders.

Where it is

Last activity Feb 9, 2023

House of Commons

  1. First reading

    Completed.

  2. Second reading

    Current stage. Now here

  3. Committee

    Not reached.

  4. Report stage

    Not reached.

  5. Third reading

    Not reached.

Senate

  1. First reading

    Not reached.

  2. Second reading

    Not reached.

  3. Committee

    Not reached.

  4. Third reading

    Not reached.

Royal assent

  1. Royal assent

    Not reached.

Introduced by an MP who is not a minister. These bills compete in a lottery for debate time, and most do not become law. How a bill becomes law

How the House voted

No recorded votes yet

Many stages pass without a recorded vote (by unanimous consent or a voice vote). Senate votes are not included.

Read the source

LEGISinfo status: Outside the Order of Precedence. Bill data from LEGISinfo, votes from openparliament.ca and the House of Commons. Last updated October 13, 2026.

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